(a) If any person under arrest as specified in section four of
this article refuses to submit to any secondary chemical test, the
tests shall not be given: Provided, That prior to the refusal, the
person is given an oral warning and a written statement advising
him or her that his or her refusal to submit to the secondary test
finally designated will result in the revocation of his or her
license to operate a motor vehicle in this state for a period of at
least forty-five days and up to life; and that after fifteen
minutes following the warnings the refusal is considered final.
The arresting officer after that period of time expires has no
further duty to provide the person with an opportunity to take the
secondary test. The officer shall, within forty-eight hours of the
refusal, sign and submit to the Commissioner of Motor Vehicles a
written statement of the officer that: (1) He or she had probable
cause to believe the person had been driving a motor vehicle in
this state while under the influence of alcohol, controlled
substances or drugs; (2) the person was lawfully placed under
arrest for an offense relating to driving a motor vehicle in this
state while under the influence of alcohol, controlled substances
or drugs; (3) the person refused to submit to the secondary
chemical test finally designated in the manner provided in section
four of this article; and (4) the person was given a written statement advising him or her that his or her license to operate a
motor vehicle in this state would be revoked for a period of at
least forty-five days and up to life if he or she refused to submit
to the secondary test finally designated in the manner provided in
section four of this article. The signing of the statement
required to be signed by this section constitutes an oath or
affirmation by the person signing the statement that the statements
contained in the statement are true and that any copy filed is a
true copy. The statement shall contain upon its face a warning to
the officer signing that to willfully sign a statement containing
false information concerning any matter or thing, material or not
material, is false swearing and is a misdemeanor. Upon receiving
the statement the commissioner shall make and enter an order
revoking the person's license to operate a motor vehicle in this
state for the period prescribed by this section.

For the first refusal to submit to the designated secondary
chemical test, the commissioner shall make and enter an order
revoking the person's license to operate a motor vehicle in this
state for a period of one year or forty-five days, with an
additional one year of participation in the Motor Vehicle Alcohol
Test and Lock Program in accordance with the provisions of section
three-a, article five-a of this chapter: Provided, That a person
revoked for driving while under the influence of drugs is not
eligible to participate in the Motor Vehicle Test and Lock Program.
The application for participation in the Motor Vehicle Alcohol Test and Lock Program shall be considered to be a waiver of the hearing
provided in section two of said article. If the person's license
has previously been revoked under the provisions of this section,
the commissioner shall, for the refusal to submit to the designated
secondary chemical test, make and enter an order revoking the
person's license to operate a motor vehicle in this state for a
period of ten years: Provided, however, That the license may be
reissued in five years in accordance with the provisions of section
three, article five-a of this chapter. If the person's license has
previously been revoked more than once under the provisions of this
section, the commissioner shall, for the refusal to submit to the
designated secondary chemical test, make and enter an order
revoking the person's license to operate a motor vehicle in this
state for a period of life. A copy of each order shall be
forwarded to the person by registered or certified mail, return
receipt requested, and shall contain the reasons for the revocation
and shall specify the revocation period imposed pursuant to this
section. A revocation shall not become effective until ten days
after receipt of the copy of the order. Any person who is
unconscious or who is otherwise in a condition rendering him or her
incapable of refusal shall be considered not to have withdrawn his
or her consent for a test of his or her blood or breath as provided
in section four of this article and the test may be administered
although the person is not informed that his or her failure to
submit to the test will result in the revocation of his or her license to operate a motor vehicle in this state for the period
provided for in this section. A revocation under this section
shall run concurrently with the period of any suspension or
revocation imposed in accordance with other provisions of this code
and growing out of the same incident which gave rise to the arrest
for driving a motor vehicle while under the influence of alcohol,
controlled substances or drugs and the subsequent refusal to
undergo the test finally designated in accordance with the
provisions of section four of this article.

(b) For the purposes of this section, where reference is made
to previous suspensions or revocations under this section, the
following types of suspensions or revocations shall also be
regarded as suspensions or revocations under this section:

(1) Any suspension or revocation on the basis of a conviction
under a municipal ordinance of another state or a statute of the
United States or of any other state of an offense which has the
same elements as an offense described in section two of this
article for conduct which occurred on or after June 10, 1983; and

(2) Any revocation under the provisions of section one or two,
article five-a of this chapter for conduct which occurred on or
after June 10, 1983.

(c) A person whose license to operate a motor vehicle in this
state has been revoked shall be afforded an opportunity to be
heard, in accordance with the provisions of section two, article
five-a of this chapter.

(d) The refusal to submit to a blood test may be admissible at
the court's discretion in a trial for the offense of driving a
motor vehicle in this state while under the influence of alcohol a
controlled substance or drug or the combination of alcohol and
drugs.
Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.